National Employers Association of SA is trying yet another legal avenue in seeking redress it mistakenly believes it is owedThe metal industry’s three-year main agreement on terms and conditions of employment, signed in 2021, will go down in history as having created a number of firsts.
Neasa has now taken a decision to petition the Constitutional Court for leave to appeal against the labour appeal court judgment and has not minced its words, boldly stating that “this fight is far from over and employers should not lose hope. All avenues have not yet been exhausted”. Section 34 of the constitution guarantees everyone’s right to have any matter that can be resolved by the application of the law decided before the courts. Companies affiliated to the Steel & Engineering Industries Federation of Southern Africa represent the majority of employers and employees in the sector.
Section 32 of the Labour Relations Act expressly empowers — indeed, requires — bargaining councils and the minister of employment & labour to follow a specific procedure for extending bargaining council agreements. This procedure was agreed upon in 1995 by the parties to the National Economic Development & Labour Council, including the representatives of business. Twenty-eight years on, the system stands accused of being unfair.